Views & Visions

Across industries and state lines, the story of generative artificial intelligence (GenAI) is rapidly unfolding. GenAI systems like ChatGPT, Claude, and Copilot are fundamentally changing professional workflows. Lawyers are leveraging GenAI to accelerate drafting, document review and summarization, and written discovery. Educators are generating customized lesson plans. Health care professionals are summarizing patient records and flagging clinical trends. In nearly every sector, GenAI is helping professionals reduce repetitive tasks and focus on work that requires strategy, judgment and experience.

While the efficiencies are exciting, professionals must also navigate new risks. These systems can produce inaccurate information with unwarranted confidence. They may reflect the biases of their training data and, unless carefully managed, can inadvertently expose confidential or proprietary information.

Real-world examples continue to highlight the risks of adopting GenAI without proper safeguards. In 2022, Air Canada’s GenAI customer service chatbot provided incorrect information about bereavement fare policies, stating that refund requests could be made after travel. The airline denied the refund, but in early 2024, the British Columbia Civil Resolution Tribunal held that Air Canada was responsible for the misinformation and ordered compensation to the passenger.

In 2023, Samsung employees inadvertently exposed confidential source code by inputting it into ChatGPT, prompting the company to impose strict limitations on GenAI use. That same year, a Chevrolet dealership faced scrutiny when its GenAI chatbot was manipulated into offering a $76,000 vehicle for just $1. In 2024, a GenAI chatbot that was developed to assist small New York businesses with legal inquiries issued guidance that encouraged the businesses to engage in unlawful conduct. In the legal sector, multiple attorneys across the country have been sanctioned for submitting court filings based on fictitious case law generated by GenAI tools.

These incidents are not simply outliers. They reflect a growing pattern of operational and reputational risk as businesses move quickly to integrate GenAI tools into core business functions. When deployed without clear guidelines or human oversight, GenAI tools can introduce errors at scale, undermine customer trust and expose companies to legal and ethical scrutiny. As adoption accelerates, the challenge for organizations is not just harnessing GenAI’s capabilities but doing so in a way that upholds accuracy, accountability, culture and institutional integrity.

For these reasons, organizations across industries must develop thoughtful policies around GenAI adoption. This includes choosing tools that protect user data, reviewing vendor agreements for privacy assurances and training employees on how and when to use these tools.

As professionals adopt GenAI in increasing numbers, a more fundamental infrastructure question has emerged: Where will all this computing power come from?

Unlike traditional software, GenAI systems rely heavily on vast data centers equipped with high-performance computing and intensive cooling systems. These facilities consume immense amounts of electricity and require reliable, high-capacity energy sources.

This presents a strategic opportunity for West Virginia as the state has the geography, workforce and natural resources to support data center development. Policymakers have already taken meaningful steps such as the High Technology Valuation Act, in which tangible personal property used directly in data centers receives favorable tax treatment. Sales tax exemptions for computer software and hardware offer further incentive, lowering the financial barriers for businesses operating in the data-driven economy.

During the 2025 legislative session, West Virginia enacted the Power Generation and Consumption Act to advance energy-resilient infrastructure and support next-generation technology investment. The new law establishes the Certified Microgrid Program and the High Impact Data Center Program, which enable West Virginia to attract significant data center investment while strengthening the state’s energy independence and technological competitiveness.

To fully take advantage of this opportunity, West Virginia must overcome a longstanding challenge: workforce participation. The state currently has the lowest labor force participation rate in the country. If the state is to meet the labor demands of a modern tech-driven economy, it must invest in its people. This investment has already begun with programs like the West Virginia Amazon Web Services Tech Alliance, which is building digital literacy and cyber skills in underserved communities. Public-private partnerships with universities and trade schools are aligning educational pathways with the needs of the data economy.

West Virginia has long thrived on ingenuity, grit, and practical innovation. As GenAI reshapes the global economy, opportunity lies not just in using the technology but in powering it, just as past generations powered the industries of their time. With thoughtful leadership from business, legal, and public policy stakeholders, West Virginia can become a key player in GenAI.

Mark Adkins is a partner at Bowles Rice whose practice focuses primarily on complex, high-risk commercial litigation in the areas of banking, construction, energy, and commercial contract disputes. He is also a registered lobbyist and a member of the firm's Government Relations team. Based in Charleston, West Virginia, Mark serves as Chief Financial Officer, chair of the Bowles Rice Litigation Department, and member of the firm's AI Committee. 

Joshua Lanham is a partner at Bowles Rice and a member of the firm's litigation team. Working from the Charleston, West Virginia office, Josh focuses his practice on commercial litigation, construction litigation, professional licensing disputes, bad faith litigation, and insurance defense. He serves on the firm's AI Committee and Recruiting Committee.

Unaiza Tyree is a litigator in the Charleston office of Bowles Rice. She handles a variety of different litigation matters but primarily focuses her practice on medical malpractice, construction disputes, professional licensure issues, and commercial litigation. Unaiza is chair of the firm's Diversity Committee and a member of the AI Committee.

Note: This article first appeared in the Summer 2025 edition of West Virginia Executive magazine.